Section 114 of the Code of Civil Procedure, 1908 provides the substantive statutory right of review, permitting a person aggrieved by a decree or order to apply for a review of judgment to the court which passed it.
Evidentiary Proof & Burden: The procedural and substantive grounds of review are prescribed in Order XLVII Rule 1 CPC: (1) discovery of new and important matter or evidence which was not within knowledge after exercise of due diligence; (2) some mistake or error apparent on the face of the record; or (3) any other sufficient reason.
Core Legal Standard: Section 114 establishes the court's review jurisdiction, allowing an aggrieved party to apply for review of a decree or order only upon discovery of new evidence, mistake apparent on the face of the record, or any other sufficient reason.
This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.
Key Landmark Precedents:
Kamlesh Verma v. Mayawati, (2013) 8 SCC 320: The Supreme Court laid down exhaustive principles: a review under Section 114 is not an appeal in disguise; it is maintainable only upon discovery of new evidence or patent error apparent on the face of the record; rehearing of arguments on merits is impermissible.
Parsion Devi v. Sumitri Devi, (1997) 8 SCC 715: The Supreme Court held that an error apparent on the face of the record must be self-evident and not requiring elaborate process of reasoning; a wrong view of law is a ground for appeal, not review.
S. Murali Sundaram v. Jothibai Kannan, 2023 SCC OnLine SC 185: The Court reaffirmed that Section 114 review cannot be utilized for a second innings to cure deficient trial presentation.
Legal Commentary:
Section 114 review is strictly limited. It cannot be used to re-argue points that were rejected in the judgment. The error must be glaring and manifest on the surface—such as overlooking a binding statutory amendment, misquoting a date central to limitation, or failure to consider an admitted document on record.
Legal Commentary & Landmark Judgments: Section 114
Section 114 of the Code of Civil Procedure, 1908 provides the substantive statutory right of review, permitting a person aggrieved by a decree or order to apply for a review of judgment to the court which passed it.
This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.
Section 114 review is strictly limited. It cannot be used to re-argue points that were rejected in the judgment. The error must be glaring and manifest on the surface—such as overlooking a binding statutory amendment, misquoting a date central to limitation, or failure to consider an admitted document on record.